FY2018 MCAQDTRP ADEQ RPTAVM AGREEMENT (ADEQ TRASUB FY18) 20170627.PDF

Maricopa County — Formal (2017-07-26)

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Section I - General Provisions
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MARICOPA COUNTY
and the
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
MCAQDTRP-RPTAVM
ADEQTRP
1. Agreement No.: (ADEQTRP/CAC) 2. Agreement Type: Cost Reimbursement
3. Agreement Amount: $260,00.00 4. Purpose: Travel Reduction Services
5. Budget Code: ADEQTRP FY18 TRASub 6. Contractor FEI/SSN: 86-0557533
7. Start Date: July 1, 2017 8. Expiration Date: June 30, 2018
This Agreement is entered into by and between Maricopa County by and through its Air Quality Department, referred to
hereinafter as County and Regional Public Transportation Authority, referred to hereinafter as Contractor. The Contractor, for
and in consideration of the covenants and conditions set forth herein, shall provide and perform the services as set forth below.
All rights and obligations of the parties shall be governed by the terms of this document, its Exhibits, Attachments and
Appendices, including any Sub-agreements or Amendments as set forth herein and in:
Section I - General Provisions Section III - Work Statement
Section II - Special Provisions Section IV - Compensation
This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this
Agreement shall be construed as a waiver of any defense in a suit brought against the State of Arizona, Maricopa County, Air
Quality Department, or Contractor, in any State or Federal Court.
Notice under this Agreement shall be given by personal delivery or by registered or certified mail to the addresses set forth
below and shall be effective upon receipt by the party to whom addressed unless otherwise indicated in said notice.
Notice to Maricopa County: Maricopa County Air Quality Department Phone: 602-506-6750
ATTN: Director - Air Quality Department
1001 N. Central, Suite 125, Phoenix AZ 85004
Notice to Contractor: Regional Public Transportation Authority Phone: 602-262-7433
ATTN: Chief Executive Officer
101 N. 1st Avenue, Suite 1100, Phoenix AZ 85003
IN WITNESS WHEREOF, the parties enter into this Agreement:
Maricopa County: Board of Supervisors Contractor: Regional Public Transportation Authority
Signature: ____________________________________ Signature: ______________________________________
Denny Barney, Chairman of the Board Scott Smith, Chief Executive Officer
Date: ______________________________________ Date: ________________________________________
Attest: ______________________________________ Attest: ________________________________________
Date: ______________________________________ Date: ________________________________________
Pursuant to A.R.S. §11-952, the Maricopa County Pursuant to A.R.S. §11-952, the Counsel for the Contractor
Attorney’s Office has determined that this has determined that this Intergovernmental Agreement is
Intergovernmental Agreement is within the powers and within the powers and authority granted under the laws of
authority granted under the laws of the State of Arizona. the State of Arizona.
Signature: ____________________________________ Signature: ______________________________________
Date: ______________________________________ Date: ________________________________________
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Section I - General Provisions
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1. RECITALS
A. The County is empowered by Arizona Revised Statutes Sections 11-951 through 11-954 to enter into this
agreement.
B. The RPTA is empowered by Arizona Revised Statutes Sections 48-5122, 48-5123, 28-8131 and 49-582 to enter
into this agreement.
2. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall
control. To the extent that the Work Statement(s) and the Special or General Provisions are in conflict, the Work
Statement(s) shall control.
3. DEFINITIONS
As used throughout these GENERAL PROVISIONS, the following terms shall have the meanings set forth:
A. Agreement means this document and all attachments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of this Agreement.
C. Director means the Director of the Maricopa County Air Quality Department.
D. Funding Source means any Federal, State or Private Department funding source which may impose conditions
on the funding that will be passed on to the Contractor.
E. Travel (Trip) Reduction Program (TRP) means a program that implements a travel reduction plan by an
employer or school and is designed to achieve target reductions in the rate of single-occupancy vehicle trips
and/or in the rate of single-occupancy vehicle miles traveled. Reductions can occur through the
implementation of various travel reduction measures and/or equivalent emissions reduction measures.
4. GENERAL REQUIREMENTS
A. The terms of this Agreement shall be construed in accordance with Arizona law; any action thereon shall be
brought in the appropriate court in the State of Arizona.
B. The Contractor shall, without limitation, obtain and maintain all licenses, permits, and authority necessary to do
business, render services, and perform work under this Agreement, and shall comply with all laws regarding
unemployment insurance, disability insurance, and worker's compensation.
C. The Contractor is an independent Contractor in the performance of work and the provision of services under this
Agreement and is not to be considered an officer, employee, or agent of Maricopa County.
5. AMENDMENTS
All Amendments to this Agreement must be in writing and signed by both parties.
6. ASSIGNMENT/SUBCONTRACTING
No right, liability, obligation or duty under this Agreement can be assigned, delegated or subcontracted in whole or in
part, without the prior written approval of the Director.
7. RETENTION OF RECORDS
The Contractor agrees to retain all financial books, records, and other documents relevant to this Agreement for five
(5) years after final payment or until after the resolution of any audit questions which could be more than five (5) years,
whichever is longer. The Department, Federal or State auditors and any other persons duly authorized by the
Department shall have full access to, and the right to examine, copy and make use of any and all said materials.
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Section I - General Provisions
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8. ADEQUACY OF RECORDS
If the Contractor's books, records and other documents relevant to this Agreement are not sufficient to support and
document that allowable services were provided to eligible clients the Contractor shall reimburse Maricopa County
for the services not so adequately supported and documented.
9. AUDIT DISALLOWANCES
A. The Contractor shall, upon written notice thereof, reimburse Maricopa County for any payments made under this
Agreement which are disallowed by a Federal, State or Maricopa County audit in the amount of the disallowance,
as well as court costs and attorney fees which Maricopa County spends to pursue legal action relating to such a
disallowance. Court costs and attorney fees incurred will be specifically identified as applicable to the recovery
of the disallowed costs in question.
B. If at any time it is determined by the Department that a cost for which payment has been made is a disallowed
cost, the Department shall notify the Contractor in writing of the disallowance and the required course of action,
which shall be at the option of the Department either to adjust any future claim submitted by the Contractor by
the amount of the disallowance or to require repayment of the disallowed amount by the Contractor forthwith
issuing a check payable to Maricopa County.
10. AVAILABILITY OF FUNDS
A. The provisions of this Agreement relating to payment for services shall become effective when funds assigned
for the purpose of compensating the Contractor as herein provided are actually available to the Department for
disbursement. The Department shall be the sole judge and authority in determining the availability of funds under
this Contract and the Department shall keep the Contractor fully informed as to the availability of funds.
B. If any action is taken by any State Department, Federal department or any other Department or instrumentality
to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Agreement, the
Department may amend, suspend, decrease, or terminate its obligations under, or in connection with, this
Agreement. In the event of termination, the Department shall be liable for payment only for services rendered
prior to the effective date of the termination, provided that such services performed are in accordance with the
provisions of this Agreement. The Department shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least ten (10) days in advance.
11. CONTRACT COMPLIANCE MONITORING
The Department shall monitor the Contractor's compliance with, and performance under, the terms and conditions of
this Agreement. Onsite visits for Agreement compliance monitoring may be made by the Department and/or its
grantor agencies at any time during the Contractor's normal business hours, announced or unannounced. The
Contractor shall make available for inspection and/or copying by the Department's monitors, all records and accounts
relating to the work performed or the services provided under this Agreement, or for similar work and/or service
provided under other grants and Agreements.
12. CONTINGENCY RELATING TO OTHER AGREEMENTS, CONTRACTS AND/OR GRANTS
A. The Contractor will, during the term of this Agreement, immediately inform the Department in writing of the award
of any other Travel Reduction Program related agreement, contract or grant including any other agreement,
contract or grant awarded by the Department where the award of such agreement, contract or grant may affect
either the direct or indirect costs being paid/reimbursed under this Agreement. Failure by the Contractor to notify
the Department of such award shall be considered in violation of the Agreement and the Department shall have
the right to annul this Agreement without liability.
B. The Department may request, and the Contractor shall provide within a reasonable time, a copy of such other
agreement, contract or grant, when in the opinion of the Department the award of the other agreement, contract
or grant may affect the costs being paid or reimbursed under this Agreement.
C. If the Department determines that the award to the Contractor of such other Federal or State agreement, contract
or grant has affected the costs being paid or reimbursed under this Agreement, the Department shall prepare an
Agreement Amendment effecting a cost adjustment. If the Contractor protests the proposed cost adjustment,
the protest shall be construed as a dispute within the meaning of the "Disputes" clause contained herein.
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Section I - General Provisions
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13. DEFAULT
The Director may suspend, modify or recommend termination of this Agreement immediately upon written notice to
Contractor in the event of a non-performance of stated objectives or other material breach of contractual obligations;
or upon the happening on any event which would jeopardize the ability of the Contractor to perform any of its
contractual obligations. Such determination will not be made until such time as the disputes process has been
exhausted as specified in the Disputes Clause of the Special Provisions.
14. TERMINATION
A. Either party may terminate this Agreement at any time, with ninety (90) days’ notice in writing to the other party
(unless terminated by Department under Availability of Funds provision). Such notice shall be given by personal
delivery or by Registered or Certified mail.
B. This Agreement may be terminated by mutual written agreement of the parties specifying the termination date
therein.
C. The Department has the right to terminate this Agreement upon twenty-four (24) hour notice when Contractor
non-compliance jeopardizes funding source financial participation. If not terminated by one of the above
methods, this Agreement will terminate upon the expiration of the term of this Agreement as stated on the Cover
Page.
D. In the event of termination, the Department shall be liable for payment only for services rendered prior to the
effective date of the termination, provided that such services performed are in accordance with the provisions of
this Agreement.
15. SEVERABILITY
Any provision of this Agreement which is determined to be invalid, void or illegal shall in no way affect, impair or
invalidate any provision hereof, and remaining provisions shall remain in full force and effect.
16. STRICT COMPLIANCE
Acceptance by the Department of performance not in strict compliance with the terms hereof shall not be deemed to
waive the requirement of strict compliance for all future performance obligations. All changes in performance
obligations under this Agreement must be in writing.
17. NON-LIABILITY
Maricopa County and its officers and employees shall not be liable for any act or omission by the Contractor or
Subcontractor or any employee, officer, agent, or representative of Contractor or Subcontractor occurring in the
performance of this Agreement, nor shall these entities be liable for purchases or contracts made by the Contractor
in anticipation of the effectiveness of this Agreement.
18. INDEMNITY
To the extent permitted by law, each party agrees to indemnify, hold harmless and defend the other, its officers and
employees, their officers, boards, commissions and employees, from and against any and all claims, damages, suits
and proceedings, regardless of the merits, from liability, punitive damages, cost or expense or every type (including
reasonable attorney's fees), all or any part thereof arising out of or in connection with or by reason of any act or
omission of either party or any of its subcontractors or anyone directly or indirectly employed by the other party. Each
party shall include a clause to this effect in all subcontracts ensuring to the benefit of the other entity.
19. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or organizational entity has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee.
For breach or violation of this warranty the Department shall have the right to annul this contract without liability.
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Section I - General Provisions
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20. RIGHTS IN DATA
The parties hereto shall have the use of data and reports resulting from this Agreement without cost or other restriction
except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request,
any available information that is relevant to this Agreement and to the performance there under.
21. NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Agreement, shall not in any way otherwise
discriminate against any patient on the grounds of race, color, religion, sex, national origin, age, handicap, political
affiliation or belief. The Contractor shall include a clause to this effect in all Subcontracts ensuring to the benefit of
the Contractor or the Department.
22. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment because of race, age,
handicap, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants
are employed and that employees are treated during employment without regard to their race, age, handicap, color,
religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor will to the extent such provisions
apply, comply with Title VI and VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; the Immigration Reform and Control Act of 1986 (IRCA) and Arizona Executive
Order 75-5 which mandates that all persons shall have equal access to employment opportunities.
23. UNIVERSALITY
This Agreement is entered into on behalf of Maricopa County in its entirety. Any Department, Division, or unit, within
the Department, that has need of the services identified herein may utilize it.
24. ALLOWABLE EXPENDITURES
Expenditure of funds advanced, or qualifying for reimbursement, pursuant to this Agreement shall be made by the
Contractor only for the following:
A. Services or materials approved or appropriated for, and used in, the performance of services herein agreed to
be provided.
B. Service classifications shown on page 1, Section IV, Compensation, of this contract, the Contractor may adjust
the dollar amounts providing the total Agreement amount remains unchanged. Adjustments shall be made in
accordance with the following:
1. When the cumulative increase exceeds ten percent (10%), prior written approval by the Director is required.
2. When the cumulative increase does not exceed ten percent (10%), written approval is not required.
25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and
belief, that the Contractor, defined as the primary participant in accordance with 49 CFR Part 29, and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. have not within 3-year period preceding this Agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
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Section I - General Provisions
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4. have not within a 3-year period preceding this Agreement had one or more public transaction (Federal,
State or local) terminated for cause of default.
B. Should the Contractor not be able to provide this certification, an explanation as to why should be attached to
the Agreement.
C. The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e.
transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this
Agreement.
26. E-VERIFICATION OF EMPLOYEES
A. The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
1. That the Contractor and its subcontractors, if any, warrant their compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection
A;
2. That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the contract
that is subject to penalties up to and including termination of the contract;
3. That the contracting government entity retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on the contract to ensure that the contractor or subcontractor is
complying with the warranty provided under subsection 1 above and that the contractor agrees to make
all papers and employment records of said employee(s) available during normal working hours in order
to facilitate such an inspection.
4. That nothing herein shall make any contractor or subcontractor an agent or employee of the contracting
government entity.
27. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §35-391.06 AND 35-
393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN:
A. By entering into the Contract, the Contractor certifies it does not have scrutinized business operations in Sudan or
Iran. The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain in effect through the term
of the Contract.
B. The County may request verification of compliance for any contractor or subcontractor performing work under
the Contract. Should the County suspect or find that the Contractor or any of its subcontractors are not in
compliance, the County may pursue any and all remedies allowed by law, including, but not limited
to: suspension of work, termination of the Contract for default, and suspension and/or department of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
28. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLERBLOWER RIGHTS
A. The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower
rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C.
§ 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and
section 3.908 of the Federal Acquisition Regulation;
B. Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee
whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal
Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and
copies provided to County upon request; and
C. Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the
simplified acquisition threshold ($150,000 as of September 2013).
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Section II - Special Provisions
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1. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall
control. To the extent that the Work Statement(s) and the Special or General Provisions are in conflict, the Work
Statement(s) shall control.
2. DISPUTES
A. Except as may otherwise be provided for by law, any dispute not involving a question of law arising during
agreement performance that is not resolved between the parties within thirty (30) days shall be submitted
to Maricopa County's contract disputes process as follows:
B. The Procurement Officer of the Department shall reduce his decision to writing and mail or otherwise
furnish the contractor with a copy. The contractor may abide by the decision or may appeal the decision
to the Director.
C. A contractor desiring to appeal a decision of a Procurement Officer shall be required to submit a written
appeal to the Director. The contractor must file its written appeal within seven (7) working days following
receipt of the Procurement Officer's original decision. The Director shall provide the Contractor with a
written response to the appeal within fourteen (14) working days following its receipt. The decision of
the Director shall be final and conclusive.
D. A written decision of the Director shall be the final position of Maricopa County concerning the dispute,
excepting where applicable State or Federal law or regulation specifies otherwise. The Director may
convene a review panel to review the dispute issues and recommend the final position. The review panel
may have representatives of the Purchasing Department, Materials Management Department, if
applicable, or representatives of other agencies with an objective third party view-point.
3. CHANGES
A. The Director may, at any time, make changes within the general scope of this Agreement in any one or
more of the following areas with the execution by both parties of a written contract amendment:
1. Work Statement activities reflecting changes in Funding Source or Department regulations,
policies or requirements.
2. Administrative requirements such as changes in reporting periods, frequency or reports, or
report formats required by Funding source or Department regulations, policies or requirements.
B. Such order will not serve to increase or decrease the total compensation to be paid the Contractor, or to
decrease any guaranteed units of service to be purchased from the Contractor. Additionally, such order
will not direct substantive changes in services to be rendered by the Contractor.
C. Any dispute or disagreement caused by such written order shall constitute a "Dispute" within the meaning
of the Disputes Clause of the Special Provisions of this Agreement and be administered accordingly.
4. INSURANCE
A. The Contractor shall have in effect, either by Contractor or through Contractor’s sub-contractor, at all
times during the term of this Agreement, insurance which is adequate to protect Maricopa County, its
officers and employees, participants and equipment funded under the Agreement shall provide the
Director with current documentation of insurance coverage by furnishing a Certificate of Insurance or a
certified copy of the insurance policy naming Maricopa County as an additional insured for those
coverages required in B.3 and B.4.
B. The following types and amounts of insurance are required as minimums:
1. Worker's Compensation
2. Unemployment Insurance as required by Arizona Law
3. General Liability, Bodily Injury and Property Damage policies that insure against claims for
liability for Contractor's negligence for maintenance of unsafe premises brought by clients
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Section II - Special Provisions
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receiving services pursuant to this Agreement and by the lawful visitors of such clients. The
limits of the policies shall be not less than $1,000,000 for combined single limit.
4. Automobile Liability, Bodily Injury and Property Damages:
a. Combined single limit, $1,000,000.
b. Standard minimum deductible amounts are allowable. Any deductible amounts are the
responsibility of the Contractor.
C. The Contractor shall immediately inform the Director of any cancellation of its insurance or any decrease
in the amounts of coverage, at least thirty (30) days before such action takes place.
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Section III - Work Statement
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FY 2018
TRAVEL REDUCTION SERVICES AND CLEAN AIR CAMPAIGN
1. DEFINITIONS
A. CLEAN AIR CONTESTS refers to organized contests open to employees of TRP
employers and the general public to encourage use of alternative transportation
modes and schedules, with the goal of reducing drive alone trips and vehicle miles
traveled.
B. CLEAN AIR CAMPAIGN is an annual campaign designed to encourage Maricopa
County residents to reduce drive-alone trips and miles traveled by using alternative
transportation modes and schedules. As such, the campaign is intended to support
the efforts of major employers in the implementation of their individual travel
reduction plans and to promote the use of alternative modes and schedules to the
general public.
C. MAJOR EMPLOYER means an employer that employs fifty (50) or more employees
and/or students who report to a single work site at least three days per week for at
least six months of the year.
D. PROGRAM-RELATED MATERIALS include all, training, promotional and advertising
materials, news releases and public service announcements, being paid for in part or
in whole under this agreement.
E. REGIONAL means an area which encompasses or overlaps territory within the
jurisdiction of two or more political subdivisions of the State of Arizona.
F. TRAVEL (TRIP) REDUCTION PROGRAM refers to the Maricopa County Travel
Reduction Program (TRP), a county ordinance which requires major employers to
achieve a 10 percent reduction in single occupant vehicle commute trips and/or miles
traveled to the work place.
G. SINGLE OCCUPANCY VEHICLE (SOV) COMMUTE TRIP is a one-way trip to or
from residence to or from the place of employment or school by means of
automobile, light duty truck or motorcycle occupied by only the driver.
H. TRANSPORTATION COORDINATOR (TC) is a person designated by a major
employer or volunteer employer as the lead person in developing and implementing
a TRP Annual Plan.
I. TRAVEL REDUCTION PROGRAM ANNUAL PLAN is a written report submitted by a
major employer to Maricopa County for review and approval which describes the
travel reduction measures proposed for implementation by the employer.
J. VOLUNTARY EMPLOYER means an employer that is not included in the definition
of major employer and chooses to participate in a travel reduction program.
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Section III - Work Statement
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2. SERVICE DEFINITION
Services contained in this agreement include those activities pertaining to the following:
marketing services in support of the Maricopa County TRP and Clean Air Campaign;
training TRP employer personnel; providing technical assistance to voluntary and major
employers; and developing, producing, and distributing training and collateral materials.
3. UNIT OF SERVICE DEFINITION
One calendar month of service delivery.
4. SERVICE GOAL
To reduce the number of SOV trips and the SOV miles traveled for the purpose of
improving ambient air quality and to assist employers in complying with the Maricopa
County TRP.
5. SPECIAL SERVICE REQUIREMENTS
A. Valley Metro activities undertaken in performance of this agreement are under the
general supervision of the Maricopa County TRP. The planning and implementation of
the Clean Air Campaign and TRP activities are coordinated.
B. All program-related materials shall be approved by Maricopa County before
distribution and/or use.
C. Maricopa County will furnish Valley Metro approval or disapproval within five (5)
working days of receipt of proposed material. Failure of Maricopa County to furnish
approval or disapproval within five working days shall constitute approval of such
material.
D. All materials prepared and used by Valley Metro in performance under this agreement
funding shall give credit to Maricopa County and the Arizona Department of
Environmental Quality, except for those materials prepared in generic form for use by
employers. Credit for materials may be in the form of naming each Department as a
sponsor.
E. All material developed in support of the TRP, funded through this agreement, will be
prominently identified as "The Maricopa County Travel Reduction Program."
F. Subcontractors selected by Valley Metro for performance under this agreement shall
be approved in writing by Maricopa County regardless of the procedures used in making
the selection.
G. Maricopa County will provide the following information to Valley Metro to assure that
Valley Metro activities are fully coordinated with those of the County:
1. Survey summary analyses upon request; new TC lists weekly; surveys and
plans due schedules at least semi-monthly; and award log for companies
achieving <=60% SOV miles traveled rates, monthly.
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Section III - Work Statement
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2. Notices, agendas and other public information pertaining to the Travel
Reduction Program Regional Task Force when generated.
3. Periodic information for articles about the TRP for distribution to major
employers as appropriate.
6. SERVICE OBJECTIVES AND TASKS
The service objectives and tasks for this agreement are in two parts labeled "TRAVEL
REDUCTION SERVICES" and "CLEAN AIR CAMPAIGN." This separation is made to
enable Valley Metro to manage activities. Regardless of the separation for management
purposes, both activities are coordinated.
PART 1: TRAVEL REDUCTION SERVICES
MISSION STATEMENT:
The mission of the TRP is to improve air quality by affecting a long-term change in employee
commuting behavior. Valley Metro assists employers in implementing policies and strategies to
affect commuters’ mode choices, reducing the portion of SOV trips and/or the SOV miles
traveled. The TRP is an important program for improving air quality, decreasing traffic
congestion and conserving energy and part of the State Implementation Plan for air quality.
GOALS:
1. Educate employers and the general public about the goals and requirements of the TRP.
2. Provide assistance and resources to employers in conducting the TRP Annual Survey; in
implementing TRP Annual Plan strategies; and in providing educational and promotional
materials for distribution.
3. Provide training to employers on the requirements of the law, alternative transportation
modes and schedules, travel reduction strategies, and TRP Annual Plan documentation
requirements.
Objective 1: Provide training and development for TRP employer staff personnel.
Service Tasks
1.1 Provide training to staff of TRP employers (TCs) in administering and assessing the
TRP Annual Survey.
1.2 Provide training to TCs on the development, implementation and promotion of their
approved TRP Annual Plans.
1.3 Conduct on-going evaluations of training and revise training as necessary to best
meet employer needs.
1.4 Develop and implement TRP training materials and courses as necessary.
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Section III - Work Statement
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Objective 2: Provide technical assistance to TRP employers.
Service Tasks
2.1 Provide an efficient, effective and proactive technical support program for TRP
employers. Develop and implement a schedule of employer contacts based on lists
provided by Maricopa County TRP staff.
2.2 Assist and educate employers in achieving at least a 60% response rate for each
employer site for the TRP Annual Survey as required by TRP Regional Task Force
policy.
2.3 Assist employers in implementing approved TRP Annual Plans. Email a
standardized written offer of assistance to each TC within 21 days of plan approval to
request copies of promotional materials and offer guidance to implement and/or improve
promotional materials. Send a close-out email to TCs once review of promotional
materials is complete.
2.4 Organize and facilitate workshops and webinar meetings for TCs to help TRP
employers comply with their TRP Annual Plan.
2.5 Assist employers by providing materials, training, and assistance in implementing
travel reduction strategies contained in their TRP Annual Plans.
2.6 Produce and distribute training and marketing materials.
Objective 3: Monitor and track activities to evaluate the effectiveness of Valley Metro programs
and activities.
Service Tasks
3.1 Track employer contacts, employee presentations, training attendance and TC
meeting attendance.
3.2 Update employer databases from employer information provided by Maricopa
County TRP staff.
3.3 Assist Maricopa County TRP staff in monitoring employer plan implementation.
Provide employer assistance histories as needed.
Objective 4: Develop and communicate messages and materials that promote increased use of
services and programs.
Service Tasks
4.1 Develop a marketing campaign that creates awareness and encourages the
increased use of alternative modes and work schedules in coordination with the Clean
Air Campaign.
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Section III - Work Statement
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4.2 Research existing, successful models of programs and messages.
4.3 Develop a marketing program that creates awareness of the need for travel demand
strategies and encourages the increased use of alternative modes and work schedules
in coordination with the Clean Air Campaign and other Valley Metro programs.
4.4 Develop materials for employers and commuters that create awareness of the need
for travel demand strategies and encourage the increased use of alternative modes and
work schedules. Develop and provide promotional kits for employers in coordination with
the Clean Air Campaign, up to four times annually.
PART 2: CLEAN AIR CAMPAIGN
MISSION STATEMENT:
The mission of the Clean Air Campaign is to decrease air pollution in Maricopa County by
motivating drivers to voluntarily reduce vehicle miles traveled, and to educate the public about
the causes and solutions to air quality problems.
The Clean Air Campaign addresses year-round efforts including the fall and winter carbon
monoxide season, summer ozone season, and year-round particulate pollution problem.
The Clean Air Campaign will continue its on-going coordination with the Maricopa County Air
Quality Department. The Clean Air Campaign will continue to be coordinated with the TRP to
maximize the effectiveness of employer efforts in reducing commute trips and it will also assist
the County in communicating mandatory "No Burn" messages to the general public.
GOALS:
The goals of the Clean Air Campaign are to:
1. Increase public awareness that one of the main causes of air pollution (carbon monoxide,
ozone, and particulate air pollution) is motor vehicles.
2. Encourage the general public to increase use of alternative transportation modes and
schedules.
3. Emphasize the harmful effects of air pollution on the environment and on health and educate
the public on the solutions.
4. Provide employers with events and materials to enhance their efforts to encourage their
employees and/or students to use alternative modes and schedules that will help them comply
with the TRP.
5. Encourage major employers and smaller employers, those with less than 50 employees not
addressed by the TRP Ordinance, to participate in Clean Air Campaign activities.
6. Develop and implement events to educate the public that their participation is essential to
improve air quality.
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Section III - Work Statement
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OBJECTIVES
Objective 1: Prepare project management plans for all campaign components.
1.1 Develop a strategic marketing plan for advertising, public relations and public
education efforts and media events aimed at reducing vehicle miles traveled by drivers
in Maricopa County.
1.2 Staff employer groups or committees that provide direction and input to campaign
activities.
1.3 Prepare requests for proposals, select contractors and execute contracts for
marketing efforts, including graphic design, public relations, advertising and market
research.
1.4 Develop plans for program evaluations.
1.5 Prepare monthly and final reports.
1.6 Develop evaluation criteria for annual awards program in coordination with the TRP.
Objective 2: Execute plans to help increase participation by employers.
2.1 Develop materials and communication strategies to help TCs establish creative
clean air programs at their work site.
2.2 Develop, produce and distribute collateral materials in coordination with the TRP.
2.3 Conduct contests and events.
2.4 Assist employers, employees and jurisdictions in promoting alternative transportation
modes and schedules.
2.5 Integrate Clean Air Campaign literature, events and programs with the TRP.
2.6 Conduct training to educate employers and provide information on the campaign.
Objective 3: Plan and implement an advertising campaign.
3.1 Work with members of the Valley Metro Regional Marketing Committee, Maricopa
County Air Quality Department and Travel Reduction Program staff to develop a paid
media and public service campaign that may include: radio, print, television, outdoor
billboards, ads on exterior of buses and/or transit shelters.
Objective 4: Plan and implement a public relations campaign.
4.1 Develop and implement special promotions and media events.
4.2 Disseminate information through electronic and low-cost distribution channels.
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Section III - Work Statement
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4.3 Expand dissemination to the public through news stories, newspaper articles, and
public affairs programs.
7. REPORTING REQUIREMENTS
A. Contractor shall submit twelve (12) monthly progress reports to Maricopa County TRP
detailing the activities conducted during the reporting period (the previous month). At a
minimum, the reports shall address:
1. The dates of training sessions and workshops, the number attending and the
employers represented.
2. The dates, quantity and description of materials printed.
3. Discussions of problems encountered and the resolution of the problem or a
description of a proposed solution.
4. The activities of committees and TC workshops and webinars.
5. The date and location of media promotional events; the purpose and character
of each event; a list of the media firms represented; and an assessment of the
results.
6. A copy of each public service announcement shall be provided as an
attachment to the monthly report. The number of paid and donated
advertisements by media stations and an estimate of consumer impressions
shall be included in the report.
7. Special activities and promotions shall be reported, beginning with initiation of
the planning phase for the activity or promotion and continuing through
completion of the activity or promotion.
8. Activities pertaining to each service task stipulated elsewhere in this WORK
STATEMENT shall be reported at the time the activity takes place.
9. A discussion of the types of assistance requested by employers and
recommendations for modifying training to enhance the knowledge of
procedures to make them easier to understand and to facilitate compliance.
10. The number of employer assistance contacts will be provided each month by
type and by Commute Solutions Coordinator. The number of employers that
participated in a review of their approved plan’s promotions will be included in
this report.
B. The monthly report shall be submitted on or before the 15th day of the month following
the month of services.
C. A draft of the final annual progress report will be submitted on or before the 30th day of
the month following the last month of service delivery under this contract (July 30, 2018).
The final annual report will be submitted by August 15, 2018. The final annual report
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Section III - Work Statement
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shall consist of a synopsis of the monthly reports and contain an overall assessment of
the year's activities.
D. By March 15, 2018 submit a revised work scope and program overview for the FY19
program.
8. LICENSURE/CERTIFICATION REQUIREMENTS
The Contractor and any subcontractors shall comply with the following standard and/or licensure
requirements: All staff providing services under this Agreement shall be qualified to provide
services through appropriate training, education, experience and/or certification/licensure (if
applicable).
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Section IV - Compensation
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1. COMPENSATION
Subject to availability of funds and as set forth in Section 10 of the General Provisions,
Maricopa County will pay the Contractor in the form of line item reimbursement for actual
expenditures. Such reimbursement over the term of the agreement shall not exceed
Maricopa County's share of the agreement amount as determined below.
The total budget for the term of the agreement shall not exceed $260,000.
2. METHOD OF PAYMENT
General
A. Contractor will submit a line item statement or invoice on or before the 15th day
following the month in which services were performed. The statements or invoices
will indicate expenses incurred for each line item during the month in which services
were performed, and year-to-date expenditures for each line item.
B. Subject to the availability of funds and as set forth in Section 10 of the General
Provisions, Maricopa County will, within thirty (30) working days from the date of
receipt of the documents enumerated herein, process and remit to the Contractor a
warrant for payment reimbursing the Contractor for approved expenditures for the
previous month of service provision or work performance. Should Maricopa County
make a disallowance in the claim, the claim shall be processed for the reduced
amount. If the Contractor protests the amount or the reason for a disallowance, the
protest shall be construed as a dispute concerning a question of fact within the
meaning of the "Disputes" clause of the Special Provisions of this Agreement.
C. The Contractor understands and agrees that Maricopa County will not honor any
claim for payment submitted six months after date of service. The Contractor
understands and agrees that Maricopa County will not process any claim for payment
for services rendered prior to the expiration date which are submitted 60 days after
the expiration date without approval of the Director.
D. Payments made by Maricopa County to the Contractor are conditioned upon receipt
of applicable, accurate and complete reports from the Contractor. Payments are also
conditioned upon assessment by Maricopa County that performance by the
Contractor does not exceed the scope of this Agreement and that the performance
complies with the terms of the Agreement.
3. BUDGET
Contractor may adjust the budget within the following limits without seeking formal
amendment to the agreement. Any such adjustments are to be reflected in the Contractor's
invoice.
Limits of Adjustment: Any single budget line may be adjusted upward in an amount not to
exceed ten percent (10%) of that budget line provided that no such adjustment shall alter the
total budget amount.
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Section IV - Compensation
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Maricopa County Travel Reduction Program / Clean Air Campaign
TRP Subcontractor FY2018 Budget
RPTA / Valley Metro
July 1, 2017 to June 30, 2018
ADEQ TRP/CAC – TRASub RPTA - 3215
SUBCONTRACTOR (RPTA/Valley Metro) Task 2
Period: July 1, 2017 - June 30, 2018 Training & Total Total
Hourly
Personnel Rate Assistance Hours Cost
Coomer, Dawn (Project Manager) $47.25 271.44 271.44 $12,825.54
Day, Suzanne $32.50 361.92 361.92 $11,762.40
Duarte, Lillian $32.50 361.92 361.92 $11,762.40
Reid, Jeff $24.07 271.44 271.44 $6,533.56
Subtotal $42,883.90
Total Hours 1,266.72 1,266.72
Total Hourly Subcontractors Cost $42,883.90 $42,883.90
Fringe Benefit 59.63% $25,571.67 $25,571.67
Overhead 53.13% $22,784.22 $22,784.22
RPTA Consultants (Marketing/Graphics) $132,260.21 $132,260.21
Consultants (Other) $10,000.00 $10,000.00
Reimbursable Expense (Meetings &
Mileage) $10,000.00 $10,000.00
Reimbursable Expense
(Postage/Print/Misc.) $16,500.00 $16,500.00
Total Subcontractor Expenses $260,000.00 $260,000.00
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